SUMMARY OF THE NEW DRUG LAWS Juvenile Justice

SUMMARY OF THE NEW DRUG LAWS Juvenile Justice Collaborative Meeting, March 28, 2012 Lisa A. Minutola Chief Of Legal Services Public Defender’s Office

PURPOSE n n Main focus of the statute was to realign the sentencing scheme so that drug dealers are treated more harshly than drug users. For adult offenders, mandatory sentences were eliminated for all drug offenses except for those classified as Class B felonies which carry sentences from 2 -25 years.

Tiers n n Offenses are based on the weight or quantity of the drugs. Tier categories range from Tier 1 to Tier 5. Tier quantities are described in 16 Del. C. § 4751 C. Possession of drugs in an amount under a Tier 1 quantity is a misdemeanor offense. Possession of drugs in any of the Tier 1 -5 weights will be a felony offense ranging from a Class F felony up to a Class B felony.

Aggravating Factors n n n Listed in 16 Del. Code § 4751 a May increase the level of offense by up to 2 categories. For example, Class D felony may become a Class B felony. In no case will a misdemeanor become a felony due to an aggravating factor. Must be charged in the petition.

Aggravating Factors n n Offense committed within 300 feet of a protected school zone. Offense committed within 300 feet of a park or place of worship. n n n If offense occurs in both a school zone and park it will only count as one aggravator Eliminates the felony charges of Possession Within 1000 Feet of School and Possession Within 300 Feet of Park Offense occurs in a vehicle.

Aggravating Factors n Defendant was an adult and: n Offense involved a juvenile as a co-conspirator or accomplice or n As an intended or actual recipient of the controlled substances; n n And the defendant was more than 4 years older than the juvenile.

Aggravating Factors n Defendant, during or immediately following commission of any offense in this Title, intentionally: Prevented or attempted to prevent an officer from making an arrest by use of violence or force or n Fled in a vehicle from a law enforcement officer thereby creating a substantial risk of physical injury to other persons. n

Prior Offenses n Prior Offenses Defined under 16 Del. Code § 4751 B n May increase the level of offense by up to 2 categories. n For example, Class D felony may become a Class B felony. n Do not have to be charged in the petition. n In no case will a misdemeanor become a felony due to a prior offense. n

Prior Offenses n According to 16 Del. C. 4751 B, a “Prior Qualifying Title 16 Conviction” means any prior adult felony conviction if new offense occurs within five years. If current charged offense is a misdemeanor then all Title 16 adult convictions within five years count as a prior. n “Two Qualifying Title 16 Convictions means one “Prior Qualifying Title 16 Conviction” as defined above and an additional prior adult felony conviction or juvenile felony adjudication if the new offense occurs within 10 years. n

Prior Offenses n n For a juvenile adjudication to count as an additional prior when he is an adult, the juvenile must have reached his or her 16 th birthday by the date the criminal act was committed which forms the basis for the juvenile adjudication. Juveniles 16 or older in Family Court need to be made aware that their felony drug adjudications will be used against them as adults.

Specific Offenses n Simple Possession 16 Del. C. §§ 4763 and 4764– Misdemeanor offenses n n Quantity of the drugs is less than a Tier 1 level Controlled Substances - Class B Misdemeanor n n May become a Class A misdemeanor if there is an aggravating factor or prior offense Marijuana – Unclassified Misdemeanor n May become a Class B misdemeanor if there is an aggravating factor or prior offense

Specific Offenses n Aggravated Possession - 16 Del. C. § 4755 and 4756 – Felony offenses Possession of drugs in a Tier 1 quantity is a Class F felony. n Possession of drugs in a Tier 2 quantity is a Class E felony. n

Specific Offenses n Aggravated Possession/Drug Dealing - 16 Del. C. § 4754 – Felony offense, Class D Manufacture, deliver or possess with the intent to manufacture or deliver drugs n Possess drugs in a Tier 3 quantity n Possess drugs in a Tier 1 quantity and there is an aggravating factor n

Specific Offenses n Aggravated Possession/Drug Dealing - 16 Del. C. § 4753 – Felony offense, Class C n n n Manufacture, deliver or possess with the intent to manufacture or deliver drugs in a Tier 2 quantity Manufacture, deliver or possess with the intent to manufacture or deliver drugs and there is an aggravating factor Possess drugs in a Tier 4 quantity Possess drugs in a Tier 2 quantity and there is an aggravating factor Possess drugs in a Tier 1 quantity and there are two aggravating factors

Specific Offenses n Aggravated Possession/Drug Dealing - 16 Del. C. § 4752 – Felony offense, Class B n n n Manufacture, deliver or possess with the intent to manufacture or deliver drugs in a Tier 4 quantity Manufacture, deliver or possess with the intent to manufacture or deliver drugs in a Tier 2 quantity and there is an aggravating factor Possess drugs in a Tier 5 quantity Possess drugs in a Tier 3 quantity and there is an aggravating factor Possess drugs in a Tier 2 quantity and there are two aggravating factors

Miscellaneous Offenses n 11 Del. Code § 1448 – Possession of deadly weapon by a person prohibited n n Added section (a)(9) which prohibits possession of a semi-automatic or automatic firearm, or handgun while in possession of a controlled substance in violation of 16 Del. Code §§ 4763 and 4764 (misdemeanor possession). Class F felony. 16 Del. Code § 4771 lowers possession of drug paraphernalia to a Class B misdemeanor.

Transfer of Cases to Superior Court n 10 Del. Code § 1010 was amended as follows: Any juvenile who is charged with an offense under 16 Del. Code §§ 4752 or 4753 (Drug Dealing and Aggravated Possession – Class B or C felony offenses) and n has previously been adjudicated delinquent of a felony and n has reached his 16 th birthday n shall be referred to Superior Court. n

License Suspension n The license suspension for all drug offenses is now 6 months except for those adjudicated under 10 Del. C. Section 1012 (Adjudicated Drug Court). License suspension for these cases will remain the same as before.